Civil Justice Privatization And Democracy

Author : Trevor C.W. Farrow
Publisher : University of Toronto Press
ISBN 13 : 144269503X
Total Pages : 400 pages
Book Rating : 4.30/5 ( download)

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Download or read book Civil Justice, Privatization, and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-04-30 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Author : Trevor C. W. Farrow
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.30/5 ( download)

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Download or read book Public Justice Private Dispute Resolution and Democracy written by Trevor C. W. Farrow and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper is about the widespread and systematic privatization of the public civil justice system. In particular, it: (1) documents the move to privatize civil disputes across all aspects of the justice system (including courts, administrative tribunals and state-sanctioned arbitration regimes); (2) looks at some of the benefits and drawbacks of privatization, specifically including negative impacts on systems of democratic governance; and (3) identifies justice - rather than efficiency - as the primary benchmark by which civil justice reform initiatives should be judged.

Author : Trevor C.W. Farrow
Publisher : University of Toronto Press
ISBN 13 : 1442645784
Total Pages : 396 pages
Book Rating : 4.83/5 ( download)

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Download or read book Civil Justice, Privatization, and Democracy written by Trevor C.W. Farrow and published by University of Toronto Press. This book was released on 2014-01-01 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Privatization is occurring throughout the public justice system, including courts, tribunals, and state-sanctioned private dispute resolution regimes. Driven by a widespread ethos of efficiency-based civil justice reform, privatization claims to decrease costs, increase speed, and improve access to the tools of justice. But it may also lead to procedural unfairness, power imbalances, and the breakdown of our systems of democratic governance. Civil Justice, Privatization, and Democracy demonstrates the urgent need to publicize, politicize, debate, and ultimately temper these moves towards privatized justice. Written by Trevor C.W. Farrow, a former litigation lawyer and current Chair of the Canadian Forum on Civil Justice, Civil Justice, Privatization, and Democracy does more than just bear witness to the privatization initiatives that define how we think about and resolve almost all non-criminal disputes. It articulates the costs and benefits of these privatizing initiatives, particularly their potential negative impacts on the way we regulate ourselves in modern democracies, and it makes recommendations for future civil justice practice and reform.

Author : Trevor Farrow
Publisher :
ISBN 13 : 9780774863582
Total Pages : 368 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Justice Crisis written by Trevor Farrow and published by . This book was released on 2021-05 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite wide recognition that access to justice is one of the most basic rights of democratic citizenship, unfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. High legal fees, complex and expensive administration, lack of funding, political inattention, insufficient research and education, and a relatively uninformed public feed into the problem. The Justice Crisis assesses what is and isn't working in efforts to improve access to civil and family justice. Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren't only tied to the courts and lawyers - such as public education on the law, alternative dispute settlement, and paralegal support - is therefore an important concern. Contributors to this wide-ranging overview of new empirical research address several key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations, including Indigenous communities; the value of new legal pathways; legal fee structures; the provision of justice services that go beyond the courts and lawyers; and the need for a culture change within the justice system. Their findings can inform initiatives to improve access to justice within the Canadian system and beyond. Scholars and students of law, political science, public policy, and sociology will find this book extremely useful, as will lawyers and judges, government officials, regulators, and community-based organizations and activists.

Author : Paul R. Verkuil
Publisher : Cambridge University Press
ISBN 13 : 0511346360
Total Pages : 248 pages
Book Rating : 4.61/5 ( download)

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Download or read book Outsourcing Sovereignty written by Paul R. Verkuil and published by Cambridge University Press. This book was released on 2007-12-19 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reliance on the private military industry and the privatization of public functions has left our government less able to govern effectively. When decisions that should have been taken by government officials are delegated (wholly or in part) to private contractors without appropriate oversight, the public interest is jeopardized. Books on private military have described the problem well, but they have not offered prescriptions or solutions this book does.

Author : Chiara Cordelli
Publisher : Princeton University Press
ISBN 13 : 0691205752
Total Pages : 356 pages
Book Rating : 4.55/5 ( download)

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Download or read book The Privatized State written by Chiara Cordelli and published by Princeton University Press. This book was released on 2020-11-24 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why government outsourcing of public powers is making us less free Many governmental functions today—from the management of prisons and welfare offices to warfare and financial regulation—are outsourced to private entities. Education and health care are funded in part through private philanthropy rather than taxation. Can a privatized government rule legitimately? The Privatized State argues that it cannot. In this boldly provocative book, Chiara Cordelli argues that privatization constitutes a regression to a precivil condition—what philosophers centuries ago called "a state of nature." Developing a compelling case for the democratic state and its administrative apparatus, she shows how privatization reproduces the very same defects that Enlightenment thinkers attributed to the precivil condition, and which only properly constituted political institutions can overcome—defects such as provisional justice, undue dependence, and unfreedom. Cordelli advocates for constitutional limits on privatization and a more democratic system of public administration, and lays out the central responsibilities of private actors in contexts where governance is already extensively privatized. Charting a way forward, she presents a new conceptual account of political representation and novel philosophical theories of democratic authority and legitimate lawmaking. The Privatized State shows how privatization undermines the very reason political institutions exist in the first place, and advocates for a new way of administering public affairs that is more democratic and just.

Author : Jon D. Michaels
Publisher : Harvard University Press
ISBN 13 : 0674737733
Total Pages : 321 pages
Book Rating : 4.30/5 ( download)

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Download or read book Constitutional Coup written by Jon D. Michaels and published by Harvard University Press. This book was released on 2017-10-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.

Author : Gurpreet Mahajan
Publisher : SAGE
ISBN 13 : 0761997024
Total Pages : 172 pages
Book Rating : 4.23/5 ( download)

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Download or read book The Public and the Private written by Gurpreet Mahajan and published by SAGE. This book was released on 2003-08-18 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the Workshop: the Public and the Private Democratic Citizenship in a Comparative Perspective, held at New Delhi during 2-4 November 2000.

Author : Penelope McRedmond
Publisher : Taylor & Francis
ISBN 13 : 1040107265
Total Pages : 252 pages
Book Rating : 4.63/5 ( download)

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Download or read book Mediation and Justice written by Penelope McRedmond and published by Taylor & Francis. This book was released on 2024-07-22 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks why justice is important to both individuals and to society as a whole. A number of justice questions are raised to evaluate whether mediation can deliver social, distributive, procedural, or substantive justice and fairness. Focussing on a scrutiny of mediation in the context of justice, the book covers social justice and justice issues posed by confidentiality, bias, lack of fairness, and Online Dispute Resolution. Discussing whether mediation can truly deliver justice to all, this book identifies areas where this fails and provides solutions and suggestions for improvement.. The dangers of private justice, bias, mandatory mediation, and the side lining of the importance of fairness in the resolution of disputes are all considered. In contrast, the positive aspects of mediation are added to the balance. This book will be of interest to researchers in the field of conflict resolution, law, and social science. Readers will also be found among mediators and people interested in justice and the civil justice system.

Author : Fabien Gélinas
Publisher : Springer
ISBN 13 : 3319187759
Total Pages : 155 pages
Book Rating : 4.54/5 ( download)

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Download or read book Foundations of Civil Justice written by Fabien Gélinas and published by Springer. This book was released on 2015-06-26 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the knowledge corpus about access to civil justice across disciplines and legal traditions and proposes a new research framework for civil justice reform. This framework is intended to foster further critical analysis of the justice system in a systematic and organized way. In particular, the framework underlines the tensions between different values considered as central to the civil justice system, and in doing so potentially allows for conscious, reflected and enlightened choices about the values that are to be prioritized in the reform of justice systems.